Samuel Omutoko Mabinda v Riley Services Limited [2019] KEELRC 2071 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 2071
- Citation
- [2019] KEELRC 2071 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeUnfair DismissalPostureAppeal from the original trial outcomeCoramPresiding Judge
Holding
The termination of the Claimant’s employment was not unfair and the Claimant is not entitled to the reliefs sought.
Facts
Claimant was employed as a night security guard by Respondent from March 26, 1995, and was to retire at age 55. He worked beyond his retirement age until July 26, 2017, when he was retired at age 58. He filed a suit seeking compensation for unfair dismissal and underpayment of salary.
Issues
- Whether the termination of the Claimant’s employment was unfair and unlawful.
- Whether the Claimant is entitled to the reliefs sought.
Reasoning
The Respondent had a valid and fair reason for retiring the Claimant at the age of 58 years due to the mandatory retirement age of 55 years. The 15-day retirement notice was sufficient as it was implied that the employment contract would be terminated by notice or cause.
Outcome
Dismissal of the suit with costs
Authorities cited
Legislation (2)
- Employment Act
- Protective Security Service Wage Order
Cases cited (1)
- Michael Kagoma Maina vs. Inspector General of Police & 2 Others [2014]eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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